A recent legal complaint has been filed, shedding light on a property dispute that underscores the complexities of insurance claims and negligence allegations. Universal Property & Casualty Insurance Company initiated the lawsuit on December 10, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Theresa Ho.
The case revolves around an incident that occurred on May 7, 2024, when a water filter in Theresa Ho's property malfunctioned, causing significant water damage to two properties below her unit at 2620 Cove Cay Dr., Clearwater. The plaintiffs in this case are Universal Property & Casualty Insurance Company acting as subrogee for Margaret and Franklin Thornton and Susan Juliano. They allege that Theresa Ho failed to properly maintain her plumbing fixtures, leading to substantial water intrusion into their insured properties.
Universal Property & Casualty Insurance Company claims that Theresa Ho breached her duty by not inspecting or repairing the faulty water filter timely and not shutting off the main water valve to prevent further damage. The plaintiffs argue that these negligent actions directly resulted in damages amounting to $111,491.76. According to the complaint, "Defendant owed a duty to Plaintiff's Subrogors not to cause any harm," which was allegedly violated due to her negligence.
The insurance company had previously compensated their insureds—Margaret and Franklin Thornton with $21,121.86 and Susan Juliano with $89,369.90—for their losses under their respective policies. Now seeking reimbursement through subrogation rights, they demand full compensation from Theresa Ho for these amounts along with a $1,000 deductible paid by the Thorntons.
In terms of relief sought from the court, Universal Property & Casualty Insurance Company is asking for a judgment against Theresa Ho for damages totaling $111,491.76 plus costs and pre-judgment interest from when they made payments on behalf of their insureds. They also request any other relief deemed just and equitable by the court.
Representing Universal Property & Casualty Insurance Company are attorneys Alyson Holob, Demi Halmoukos Sims, Beth E. Allen, Sean M. Wagner, Jed Cvejanovich, and David Cruz from Fort Lauderdale-based law firm Evolution Risk Advisors Inc. The case is being overseen by Judge Ken Burke under Case ID 24-005377-Cl.